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Oh, the things some people will do over inheritance dollars. In the news on any given day, you’re likely to find a juicy case involving inherited wealth, like Priscilla Presley’s lawsuit last year contesting the will that left control of Elvis’ estate to her granddaughter, actress Riley Keough. Personally, I’ve seen once-close siblings sever ties after one received the family home as compensation for caregiving duties. I’ve even had a close call myself, when I asked my current partner of 12 years if he had updated his will after his divorce (he hadn’t).
There’s a reason inheritance strife is so common: Older Americans hold a large majority of America’s personal wealth, much of which is likely to be passed on to younger generations. And no matter how rich or poor a family is, every dollar has the potential to spark a disagreement.
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The cruelest thing you can do to your heirs? Simply expect your estate planning nonchalance to be easily rectified, your will mistakes fixed or your unexpressed wishes magically fulfilled after you’re gone. Old paperwork may be set in stone upon your death; subsequent courtroom battles, if they’re even affordable (they’re not for many heirs), guarantee further strife.
Here are some common inheritance situations that are potentially explosive, according to estate planning lawyers and other professionals, along with tips for getting them under control.
Average expected inheritance
- All U.S. families $72,000
- Wealthiest 1% $941,000
- Next wealthiest 9% $267,000
- Next wealthiest 40% $60,000
- Bottom 50% $29,000
1. Inaction
When you ask your dad about his estate plans, he responds, “Oh, look at the time. I’m late for mah-jongg.”
First, the reality: Discussing estate matters is up to your parents. Their money, their decisions. But it’s important to ask.
David A. Handler, partner at the Kirkland & Ellis law firm in Chicago, says to start with something like “I am trying to plan my financial future, and it would be helpful to know if you plan on leaving me anything when you are gone.” You can even put the blame on someone else, saying, “My financial adviser told me to ask about a potential inheritance,” he suggests.
If their response to your inquiry isn’t “None of your business,” you can follow up with “Are you willing to share how much that inheritance might be?” while making clear that it’s their money to spend or leave however they choose, says Handler. “You don’t want to sound like you are intruding into their affairs or making a money grab, but just seeking information,” he says.
Inheritance by the numbers
- Fifteen percent of U.S. adults believe they’ll receive an inheritance in the next decade.
- Sixty-seven percent of wealthy individuals are concerned they’ll leave too much money to their families.
- Sixty-eight percent of those wealthy individuals plan to require heirs to meet conditions to access their inheritance.
- Seventy-seven percent of Key Private Bank advisers working with wealthy families reported that the hardest part of estate planning is navigating interfamily dynamics.
If your parents think wills are only for the wealthy, you can mention that the absence of that document will only add stress to your family’s anguish upon their death. If they don’t decide how to distribute their assets, the state will make the decision for them. And rules for who gets what vary by state.
“Without a will, it’s up to state laws and probate courts, which can lead to unnecessary time and expense, as well as assets not going to whom the deceased may want,” says Christopher P. Davis, partner at investment management firm Hudson Value Partners, based in Morristown, New Jersey.
Some states also add extra layers of complexity. For instance, if you die without a will in Texas, a third-party attorney may be required to look for any unknown heirs, with the attorney’s fees deducted from the deceased’s estate, says Mitch Mitchell, product counsel at estate planning company Trust & Will. If your parents express even an inkling of interest, volunteer to set up a meeting with a financial planner or an estate lawyer for them.
2. The caregiver conundrum
You moved back in with your parents to be their cook/chauffeur/nurse’s aide. In return for this, they’re rewriting their will to leave you the family home.
If your siblings learn about this after your parents die, do you think they’ll be pleased? Fat chance. If your parents want to give you the biggest portion of the estate — whether it’s the house or extra cash — get this arrangement out in the open now. While some family members may see your help as a blessing, others may regard you as a mooch who lived rent-free and then grabbed more than your fair share.
Ask your parents to communicate this decision while they are alive. This conversation can happen with siblings individually or as a group, depending on family dynamics, says Martha J. Hartney, principal attorney at Hartney Law in Boulder, Colorado.
Also, keep track of the hours spent on caregiving and the money used on expenses such as gas and food, she says. Such documentation can help disgruntled siblings understand why you are getting more in the will.
If you don’t already have one, work with your parents to create a formal personal-care agreement that outlines your duties and how you’ll be compensated. Share the agreement with your siblings.
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